There has been a lot of discussion recently about the Phase 1 amendments to the Condominium Act, 1998. Click here for Jim Davidson’s previous article in Condo Contact describing those changes. But what hasn’t received as much attention are some of the lesser known – but still important – amendments, which are as follows: Continue reading “Some Condo Act Phase I Amendment Tidbits”
As electric vehicles become more prominent on our roads, demand for charging stations in condominiums will undoubtedly increase. We are now seeing more and more new condominiums with dedicated electric vehicle charging stations. But what about existing condominiums? Continue reading “New Regulations Will Arrive on May 1st Respecting Electric Vehicle Charging Stations in Condominiums”
Our readers will know that the new forms prescribed under the Condominium Act have been issued by the province in interactive PDF format. But we find that, in some cases, it’s nice to have the form in Word format. This makes it much easier to fill in the form and edit it.
We’ve been waiting for changes to the Condominium Act, 1998 for years. Five years to be exact. On June 8, 2012, the Ministry of Consumer Services announced that the Government was to launch a “Condo Review Consultation”. On December 3, 2015, Bill 106, Protecting Condominium Owners Act, 2015 received Royal Assent. Since then, we’ve been watching and waiting as the regulations have been drafted.
After much anticipation (and trepidation) the Phase I changes are coming into force. Here are some important dates that you need to be aware of:
November 1, 2017:
• Phase 1 of the amendments to the Condominium Act, 1998, come into force. These changes address:
• Information Certificates (to be issued by condominium corporations)
• Notices from corporations to owners and mortgagees
• Required Disclosure by Directors and Director Candidates
• Mandatory Training for Directors
• New Procedures in relation to Meetings [If you have a meeting scheduled on or after December 10, 2017 see below for requirements that apply.]
• Quorum and Voting
• Voting Requirements for By-laws
• Record-keeping and durations
• Access to records
For more details, click here for Jim Davidson’s article in Condo Contact.
• The licensing provisions of the Condominium Management Services Act, 2015 (“CMSA”) come into force.
• The Condominium Authority Tribunal (CAT) will begin accepting applications. Disputes about records will be the first type of dispute that can be filed with the CAT.
• The Condominium Management Regulatory Authority of Ontario is to be designated as the administrative authority for the CMSA.
November 25, 2017:
• Condo Act Primer hosted by Davidson Houle Allen Condominium Law – Join us as we complete a walk-through of the Phase I Condominium Act amendments, with ample opportunity for questions. For more details, click here.
December 10, 2017
• If you have a meeting of owners scheduled on or after December 10, 2017 (that you did not provide notice of prior to November 1, 2017) you must comply with the new procedures in relation to meetings, including the Preliminary notice requirements and new prescribed forms (expected to be available soon!) for Meeting Notices and proxies.
December 31, 2017
• All Condominium Corporations must be registered with the Condominium Authority of Ontario and fees from September 1, 2017 to March 31, 2018, must be paid. What happens if you don’t register? Review our blog to see.
• This is the final date for a Corporation to provide a Periodic Information Certificate (PIC) if the last day of the first quarter fiscal end or third quarter fiscal end is on November 1, 2017.
• A PIC must be delivered within 60 days of the end of the first and third fiscal quarter. Be sure to review the fiscal end date for your first and third fiscal quarter and set reminders that your PICs are due within 60 days of those dates.
[Note: To see if your condominium qualifies for an exemption from producing information certificates, check out our blog respecting exceptions.]
February 1, 2018
• The remainder of the changes to the Condominium Management Services Act, 2015 come into force.
As many of our readers know, the new Condominium Act (the “Act”) amendments that are soon to be in effect will create new requirements and obligations for condominiums and their Boards. What our readers may not know is that the amendments also contain some exceptions to these new requirements and obligations.
In this blog, we provide an overview of a few of these exceptions.
- Notices to be filed with the Condominium Authority
As outlined in an earlier blog, condominium corporations will be obligated to file certain “Returns” and notices with the Condominium Authority, and will in particular be required to notify the Authority of any changes to the membership of the Board. However, a condominium corporation will not be required to file a notice of change where a director is re-elected immediately following a preceding term of office (see section 9.3(2) of the Condominium Act for this exception).
- Information Certificates
Condominium corporations will be required to send out certain information certificates (including periodic information certificates, and new owner information certificate). However, where certain conditions are met, including where 80% of owners have consented in writing to dispensing with the requirement to send such certificates, the condominium corporation may be exempt from this requirement (see section 60(5) of the Condominium Act for this exception).
- Matters to be adjudicated by the Condominium Authority Tribunal
The Condominium Authority Tribunal will adjudicate most matters that it is requested to consider, except disputes involving:
- Title to any real property (units or common areas)
- Occupier’s liability
- Condominium liens
- Prohibited activities described in s. 117 of the act., or
- The constitutionality of any provisions of the Act or Regulations (see generally sections 1.35 – 1.42 of the Condominium Act for these exceptions).
Davidson Houle Allen LLP would like to thank our Articling Student, David Lu, for his contribution in preparing this Blog.
Stay tuned to Condo Law News for other blogs about the amendments to the Condominium Act, and upcoming events.